Board of Zoning Appeals

PLANNING AND ZONING Kyrsten French 201 West Water Street • Piqua, Ohio 45356 (937) 778-2049 kfrench@piquaoh.org July 15, 2022 *** MEETING NOTICE *** Please be advised that the City of Piqua Board of Zoning Appeals meeting will be conducted on Tuesday, July 26, 2022 at 6:00 PM. Board members and staff members will attend the meeting in person, agenda item applicants and interested parties are encouraged to attend the meeting in person. Interested parties may also request access via Zoom. Residents and others with interest in the agenda topics may also submit public comment on an item until noon on the day of the meeting by emailing Bethany Harp at bharp@piquaoh.org. Public comments submitted by the date/time noted will be presented to the Board of Zoning Appeals at the public hearing proceedings. The full agenda packet may be accessed at http://piquaoh.org/city-government/boards-and- committees/board-of-zoning-appeals/. Please contact this office if you have any questions pertaining to this notice. Kyrsten French City Planner Enc.  BOARD OF ZONING APPEALS CITY OF PIQUA, OHIO 6:00 P.M. JULY 26, 2022 MUNICIPAL GOVERNMENT COMPLEX COMMISSION CHAMBERS CALL TO ORDER ROLL CALL Clerk Calls the Roll MEETING MINUTES July 14, 2022 Meeting Minutes OLD BUSINESS NEW BUSINESS 1. BZA 12-22 A resolution requesting a variance to reduce the side yard set back for an accessory structure at 613 Broadway A resolution to appeal the decision of the enforcing 2. BZA 13-22 official regarding design standards of an accessory structure at 613 Broadway ADJOURNMENT  CITY OF PIQUA, OHIO BOARD OF ZONING APPEALS MEETING MINUTES MUNICIPAL GOVERNMENT COMPLEX – ZOOM 6:00 P.M. – TUESDAY, JULY 14, 2022 TO ORDER At approximately 6:00pm Chair Person David Fishback called the meeting to order. The Introductory Statement of BZA Duties were outlined as well as the order of business to be followed. Meeting conduct procedures were reviewed and those in attendance were sworn in. All present were asked to stand and raise their right hand. The Chairman administered an oath to all present to testify before the BZA asking them to swear or affirm to tell the truth, and to acknowledge their intent to abide by the oath administered by stating, “I do” or “opposed”. All present stood and took the oath to tell the truth with all persons present stating “I do”. ROLL CALL Members Present: David Fishback, Shannon Brandon, Wayne Davey, Wayde Davis David Fishback noted that April Dankworth has resigned from her position with the Board of Zoning Appeals. He thanked April on behalf of the board for her volunteer service. MEETING MINUTES Approval of the minutes from the April 26, 2022 and June 28, 2022 Board of Zoning Appeals Meeting were approved by voice vote. NEW BUSINESS RESOLUTION BZA 10-22 A resolution requesting a variance to increase the maximum allowed permanent detached signage to two per driveway at indicated location of the site at 1973 Edison Drive Kyrsten French provided a staff report. Kyrsten noted that the applicant, Kevin Behr, has requested a variance to allow an additional primary detached sign per driveway entrance to Looney Road at 1973 Edison Drive, which hosts Edison State Community College. It was explained that because the site is unique and could present similar regulatory problems in the future, staff has asked the applicant to think holistically about the site’s needs for signage so that the BZA can consider a whole sign package. Staff recommends approval of the request. The board deliberated and discussed that the site was suited for this type of directional signage. Kevin Behr, applicant, noted that Kyrsten explained the item well. He explained that the signs will be mostly static and may include information for visitors at Edison. Page 1 of 2  CITY OF PIQUA, OHIO BOARD OF ZONING APPEALS MEETING MINUTES MUNICIPAL GOVERNMENT COMPLEX – ZOOM 6:00 P.M. – TUESDAY, JULY 14, 2022 No one else came forward to speak on the item. After no further public comment or deliberation, Shannon Brandon made a motion to approve resolution BZA 10-22 and Wayde Davis seconded the motion. Resolution BZA 10-22 was approved with a 4-0 vote. RESOLUTION BZA 11-22 A Resolution nominating and electing the Board of Zoning Appeals Chair and the Vice Chair Shannon motioned for David Fishback to be nominated as the Chair Person of the Board of Zoning Appeals and Wayde Davis seconded the motion. Wayne Davey motioned for Wayde Davis to be nominated as the Vice Chair Person of the Board of Zoning Appeals amd Shannon seconded the motion. After no further public comment or deliberation, Shannon Brandon made a motion to approve resolution BZA 11-22 and Wayde Davis seconded the motion. Resolution BZA 11-22 was approved with a 4-0 vote. OTHER BUSINESS ADJOURNMENT With no other business before the Board, a motion was made and seconded to adjourn the meeting. With all those present in favor the meeting was adjourned at approximately 6:18 P.M. Attending the meeting to prepare the meeting minutes provided herein was Bethany Harp, City of Piqua Development Department. Comments requesting corrections, additions or deletions to the content of this record should be directed to Ms. Harp at bharp@piquaoh.org. Page 2 of 2  RESOLUTION No. BZA 12-22 WHEREAS, Linda Peltier, owner, has filed a variance request to allow a 1.5 foot setback from the side lot lines of 613 Broadway, zoned (R2) Two Family Residential; and, WHEREAS, the City of Piqua Code of Ordinances section 154.081 establishes: (A) All required parking spaces shall be located on the same lot as the use for which they are required, subject to the regulations of the district in which they are located. The minimum setback from a front, side, or rear lot line for a parking lot, parking space or driveway serving a residential use shall be three feet; and, WHEREAS, the City of Piqua Code of Ordinances section 154.121 establishes: (2) Setback. (a) Accessory buildings permitted in the rear yard and with a ground floor level gross floor area equal to or less than 1,000 square feet shall be no closer to any side or rear lot line than three feet. WHEREAS, the Board of Zoning Appeals has considered whether the variance requested: ☐ Is necessary to permit the owner a reasonable use of the land. ☐ Is justified due to peculiar exceptions and unusual circumstances found at this location that are not generally found within the neighborhood concerned. ☐ Will constitute a change in the district map ☐ Will impair an adequate supply of light and air to adjacent property. ☐ Will increase the congestion in public streets. ☐ Will increase the public danger of fire and safety. ☐ Will materially diminish or impair established property values within the surrounding area. ☐ Will in any other respect impair the public health, safety, comfort, morals, and welfare of the citizens of the city. NOW THEREFORE BE IT RESOLVED that ___________ motioned to approve the request for a variance at 613 Broadway. The motion was seconded by ___________ and the request was ___________ with a vote of ___________ as recorded below.  RESOLUTION No. BZA 12-22 AYE NAY ABSTAIN ABSENT Mr. David Fishback ☐ ☐ ☐ ☐ Ms. Shannon Brandon ☐ ☐ ☐ ☐ Mr. Wayne Davey ☐ ☐ ☐ ☐ Mr. Wayde Davis ☐ ☐ ☐ ☐  STA F F R E P O RT GENERAL LOCATION REQUEST PC MEETING DATE The applicant, Linda Peltier, has applied for a variance to reduce the side yard setback 07-26-22 from the property line to a proposed garage on the south side of the site, and the property line to a driveway on the north side of the site, from 3’ in each case to 1.5’. The applicant has also proposed a garage structure that has a metal roof, and has RESOLUTION requested to appeal the review decisions of the City Planner. BZA 12-22, BZA 13-22 STAFF CONSIDERATIONS The applicant would like to construct a new garage in the rear yard of the property. In order to fit the requested dimension of the garage (a 24’ x 24’ garage) and a gravel SITE ADDRESS pad used as an additional parking space, they requested to reduce the side yard 613 Broadway St. setback of the south property line. Staff recommended proposing to correct the existing nonstandard condition on the north side of the property line of having gravel laid without a setback along with the request. The lot is about 42’ wide. This lot is fairly narrow, though not entirely out of character for PARCEL ID the neighborhood. Landowners need to adjust the size of their use of the property to N44-005560 the site’s constraints. At the same time, reasonable adjustments can be made through variances to create livable and comfortable accommodations for landowners where they do not impact neighbors. It is work to balance the goal for uniformity, fairness and administrative ease with the goal of having enough flexibility for reasonable use of ZONING their land by the property owner, particularly where code deviations are not extreme. Staff can list some examples during the meeting for BZA consideration, and will rely on R2- Two Family Residential commentary from neighbors, so will refrain from making a recommendation until the meeting date. The property owner proposed to construct a metal roof on the new garage. Staff’s SURROUNDING ZONING procedures on evaluating the “match or compliment” language of § 154.122 has been very consistent, and has not thus far included accepting a a standing seam metal roof R2- Two Family Residential for an accessory structure where the principal has an asphalt shingle roof. Staff has had discussion with the applicant, and points have been made which are worth considering. As the applicant would prefer a metal roof, they have sought to appeal and seek clarity from the BZA on the “shall match or compliment” language of the code, and staff welcomes the discussion. PREPARED BY Kyrsten French, City Planner Dear Mr. Magoto, Linda and I are excited to see our project moving forward. I am however confused by the requirement to install asphalt shingles. The metal roof is a design element I look forward to as it is aesthetically pleasing, far more long- life, and complements other structures in the neighborhood - see examples: 1. Our neighbors garage directly across the alley; note the asphalt shingle roof on their home, the green metal roof on the addition, and the black metal roof on the garage. 2. Our neighbors home directly to our south; note the roof on the addition. 3. Our neighbors garage slightly to the north on the alley; note the difference in materials on the home and the garage. I also understand, but I am not certain, the home directly to our north intends to install a metal roof on the addition currently under construction and on a planned garage. All of these structures include additions with roofing that is different from the main structure. Importantly, all of these structures are only visible from the alley, all represents upgrades to the property, and all are supported by the property owners in the neighborhood. All make sense and all improve our neighborhood! For our design, the visual aesthetics of metal roofing along with a long-life durability is compelling. These benefits, combined with the fact the garage is not visible from the street and how it complements / conforms with other structures along the alley are a sound argument for approval of our desired design. I do understand it is impossible for the zoning people at the city to keep up on every neighborhood. Therefore I understand they can not know that metal roofing and garage materials that differ from the main structure is not unusual in this stretch of alleyway, in fact it is common. Our design results in a new, well designed, visually pleasing addition to the neighborhood that complements other structures already in place or planned, which I am sure is what the city wants to accomplish. Please let me know what I can do in order to gain approval for our design. Respectfully, Greg Monte and Linda Peltier gregmonte2020@gmail.com  RESOLUTION No. BZA 13-22 WHEREAS, the owner and those with interest in the property located at 613 Broadway in the City of Piqua, Ohio, have appealed the decision of the enforcing official concerning the design standards for accessory structures in the zoning code; and Whereas, Chapter 154.122 (A)(2) of the City of Piqua Code of Ordinances states the roofing materials on the accessory structures shall match or compliment any of the roofing materials on the principal structure; and Whereas, Chapter 150.105 (PM 111.1) of the City of Piqua Code of Ordinances states an application for appeal shall be based on a claim that the true intent of this code of the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means; and Whereas, Chapter 150.106(F) of the City of Piqua Code of Ordinances identifies the Board of Zoning Appeals as the body designated to hear and decide upon all matters related to an appeal of an action taken by the code official in the administration and enforcement of the Property Maintenance Code; NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of the City of Piqua, Miami County, Ohio, the majority of all members appointed thereto concurring, that the Board of Zoning Appeals hereby affirms the decision of the City Planner. NOW THEREFORE BE IT RESOLVED that _________ motioned to _________ the decision of the enforcing official and the motion was seconded by _________ and the Board of Zoning Appeals recorded the following vote _________ the motioned action. Motion by ____________________________ Second by ___________________________ AYE NAY ABSTAIN ABSENT Mr. David Fishback ☐ ☐ ☐ ☐ Ms. Shannon Brandon ☐ ☐ ☐ ☐ Mr. Wayne Davey ☐ ☐ ☐ ☐ Mr. Wayde Davis ☐ ☐ ☐ ☐ Item No Parcel Owner OR CURRENT RESIDENT PROPERTY ADDRES PIQUA OH 45356 BZA 12 and 13-22 N44-005220 SEBESTYEN GLYNN & LEE LLC OR CURRENT RESIDENT 600 CALDWELL PIQUA OH 45356 BZA 12 and 13-22 N44-005230 COLLETTE TIMOTHY F & DIANE L OR CURRENT RESIDENT 612 CALDWELL PIQUA OH 45356 BZA 12 and 13-22 N44-005240 BREADEN RANDALL E OR CURRENT RESIDENT 620 CALDWELL PIQUA OH 45356 BZA 12 and 13-22 N44-005250 CASTLE DREW & LAURA OR CURRENT RESIDENT 626 CALDWELL PIQUA OH 45356 BZA 12 and 13-22 N44-005520 RIETHMAN ALAN M OR CURRENT RESIDENT 625 BROADWAY PIQUA OH 45356 BZA 12 and 13-22 N44-005530 PDC & DAWN OR CURRENT RESIDENT 621 BROADWAY PIQUA OH 45356 BZA 12 and 13-22 N44-005530 PDC & DAWN OR CURRENT RESIDENT 116 W WATER ST SIDNEY OH 45365 BZA 12 and 13-22 N44-005540 WOLFORD LEON C & TRACY A OR CURRENT RESIDENT 615 BROADWAY PIQUA OH 45356 BZA 12 and 13-22 N44-005550 LEWIS BENJAMIN R & ASHLEY E OR CURRENT RESIDENT 619 BROADWAY PIQUA OH 45356 BZA 12 and 13-22 N44-005560 PELTIER LINDA OR CURRENT RESIDENT 613 BROADWAY PIQUA OH 45356 BZA 12 and 13-22 N44-005570 DEAVOURS SARAH JANE OR CURRENT RESIDENT 609 BROADWAY PIQUA OH 45356 BZA 12 and 13-22 N44-005580 STEVENS NICHOLE M OR CURRENT RESIDENT 422 NORTH PIQUA OH 45356 BZA 12 and 13-22 N44-005590 DEAVOURS SARAH JANE OR CURRENT RESIDENT 428 NORTH PIQUA OH 45356 BZA 12 and 13-22 N44-005600 STILLWELL ANDREW C & BECKY A OR CURRENT RESIDENT 418 NORTH PIQUA OH 45356 BZA 12 and 13-22 N44-005610 CHAPPIE LEIGH OR CURRENT RESIDENT 512 NORTH PIQUA OH 45356 BZA 12 and 13-22 N44-005610 CHAPPIE LEIGH OR CURRENT RESIDENT P.O. BOX 1525 PIQUA OH 45356 BZA 12 and 13-22 N44-005620 FIVE O'EIGHT LIMITED OR CURRENT RESIDENT 602 BROADWAY PIQUA OH 45356 BZA 12 and 13-22 N44-005630 VICKORY ANTHONY V & KATHLEEN R MENKE OR CURRENT RESIDENT 600 BROADWAY PIQUA OH 45356 BZA 12 and 13-22 N44-005640 CASEY KEVIN J & MELODIE WYAN- OR CURRENT RESIDENT 612 BROADWAY PIQUA OH 45356 BZA 12 and 13-22 N44-005650 FIERCE MARY LOU & MARK G OR CURRENT RESIDENT 608 BROADWAY PIQUA OH 45356 BZA 12 and 13-22 N44-005650 FIERCE MARY LOU & MARK G OR CURRENT RESIDENT 19 MARYMONT DRPIQUA OH 45356 BZA 12 and 13-22 N44-005660 ALB INVESTMENTS LLC OR CURRENT RESIDENT 620 BROADWAY PIQUA OH 45356 BZA 12 and 13-22 N44-005660 ALB INVESTMENTS LLC OR CURRENT RESIDENT PO BOX 1082 TIPP CITY OH 45371 BZA 12 and 13-22 N44-005663 HOPE CHAPEL OR CURRENT RESIDENT 624 BROADWAY PIQUA OH 45356 BZA 12 and 13-22 N44-005670 BATES JEAN J OR CURRENT RESIDENT 614 BROADWAY PIQUA OH 45356 BZA 12 and 13-22 N44-005670 BATES JEAN J OR CURRENT RESIDENT 9 HOPEWOOD DR PIQUA OH 45356 BZA 12 and 13-22 N44-005690 HERZOG LARRY L & STACY N OR CURRENT RESIDENT 515 BOONE PIQUA OH 45356 BZA 12 and 13-22 N44-006750 ST MARYS CHURCH TRUSTEES OR CURRENT RESIDENT 522 BROADWAY PIQUA OH 45356 BZA 12 and 13-22 N44-006750 ST MARYS CHURCH TRUSTEES OR CURRENT RESIDENT 528 BROADWAY PIQUA OH 45356 BZA 12 and 13-22 N44-006770 FABER SARAH A OR CURRENT RESIDENT 528 CALDWELL PIQUA OH 45356 BZA 12 and 13-22 N44-076715 SOTO JOSE & CONNIE L OR CURRENT RESIDENT 529 BROADWAY PIQUA OH 45356 BZA 12 and 13-22 N44-076717 HOVENAC BRIAN E OR CURRENT RESIDENT 415 NORTH PIQUA OH 45356